sale deed was a voidable document and not void and, therefore, the suit will not abate under Section 4(c) of the Act. A Division ... option but to hold that the suit is not barred under Section 4(b) and will not abate under Section
suit for damages for personal injuries not causing the death of a party would not survive and the cause of action abates with the death ... appeal but dies during its pendency, the appeal or the suit will not abate, vide: Paramen v. Sundarraja [(1902) ILR 26 Mad 499], Haridas
continue a suit. If the suit has already abated, there is no suit which may be continued. The abatement terminates the suit and disposes ... suit has abated is not necessary. The assignee is hound by the abatement and by proceedings had in the suit before his intervention. I will
these conditions is not satisfied in a case, then the suit will not abate under Section 4(4) or Section ... inescapable that a suit for partition of homestead land or other non-consolidate land filed in the civil court will not abate and the civil
forma defendant and not a necessary party and, accordingly, the suit will not abate on her death.
7. Learned counsel appearing for the opposite parties ... necessary party to the suit and not a pro forma party and as such the suit will abate on her death.
8. Both the parties
suit for damages for personal injuries, not causing the death of the party, would not survive and the cause of action abates with the death ... appeal but (lies during its pendency, the appeal or the suit will not abate, (Vide: Paramen v. Sundarraja, (1902) ILR 26 Mad 499; Gopal
will not survive to or against his representative. A right intimately connected with the individuality of the deceased will not survive on the basis ... attached to the office, the right to sue will survive and the suit will not abate. As has been conceded by learned counsel
suit by joint
owners for ejecting trespassers, on account of death of one of the
plaintiffs, suit will not abate in toto, the opposite parties ... suit(defendant no. 1 in the present suit), during
the pendency of the present suit will abate on account of non-
substitution of the legal
substituted was first adjudicated. It is settled law that a suit will not abate on the failure to bring all the legal representatives on record ... abatement on that count will not amount to a decree, there being no adjudication of the rights of the parties. The abatement of a suit
not ultra vires and it has been observed further that but in spite thereof, a suit will not be barred nor a suit will abate ... not real but self-styled then the suit will not be barred and the Civil Court will have jurisdiction to proceed with the suit
